Legal Protection for Losses Caused by Online Arisan

Abstract

The purpose of this research is to analyze (1) The Position of Oral Agreement in Online Arisan According to Civil Law and (2) Legal protection for losses caused by online-based arisan. The type of research used in empirical juridical research, with the type of legislative approach and conceptual approach. The results of the research are (1) The position of Oral Agreement in Online Arisan according to Civil Law is valid and binding for both parties who make it. This is based on the principle of freedom of contract, that contracts can be made in any form, whether written or unwritten (oral). As long as the two parties making the agreement both agree and the contents of the agreement to be made do not at all contradict the laws of decency, public order and laws that apply in society. In addition, oral agreements that occur in online arisan are also included as innominaat contracts or unnamed agreements. An unnamed agreement is an agreement whose form and type are not mentioned in the Commercial Code or Civil Code. (2) Legal protection for losses caused by online-based arisan, protection can be obtained by the injured party in the form of compensation or good faith from the admin or parties who violate the contents of the agreement that has been made. And if all the evidence reported is clear, including the type of agreement. Although in Article 1320 of the Civil Code, the agreement does not have to be in writing, but if the party has carried out the contents of the agreement, the party who committed the violation can be prosecuted legally, it is an effort to protect the parties of online arisan members.